October | 2015 | Objectivism In Depth

Over three years ago, I wrote an essay discussing the proper meaning of the concepts of “fairness” and “justice,” as I understand them: On Fairness and Justice: Their Meanings, Scopes, and How They Are Not the Same.

My major points in this essay were 1) that the concept of “fairness” presupposes that one is talking about a zero-sum game: a situation devised by a purposeful intelligence to measure people’s attributes, where one person winning requires that another person loses; 2) that life in society and in general does not meet this criterion for “fairness” to apply: people “win” by creating valuable things, and do not need to deprive others of these things to have them; and 3) that societal justice requires the protection of individuals’ rights to life, liberty, and property, and that it consists in each individual generally being rewarded in proportion to his mental effort and virtuous actions.

In this previous essay, I explained my view of “fairness” and illustrated it with examples, but I did not argue extensively for my conception of that term–why my conception of fairness is correct. I have been prompted to provide further argument by the upcoming release of a book called “Equal is Unfair,” and one of the co-authors’ (Yaron Brook’s) reply to me regarding “fairness”:

@Sword_of_Apollo I don't agree. Fairness means justice — getting what one deserves. But we discuss all this in book.

— Yaron Brook (@yaronbrook) October 17, 2015

I have great respect for Dr. Brook, and am looking forward to his latest book, but I think he’s wrong here: fairness does not mean justice. And the purpose of this post is to argue my case. I encourage those who have not read my previous essay to read it before proceeding on in this one, since it will help set the context for my arguments: On Fairness and Justice.

One of the first things that should spring to mind when someone mentions the word, “fairness,” is the realm of sports and competitions: Is it fair when women are put in competition with men? Is it fair when one team learns the other team’s plays through spying? Is a race where one athlete has artificial legs fair? Is a weightlifting competition fair when steroids are secretly taken, or openly allowed? Is it fair when the Patriots let air out of the football?

Does justice have the same intimate connection with such competitive sports? Is that one of the first things you think of when you think of justice? Probably not. This is our first clue that fairness and justice are different concepts: they seem to be associated with different realms of life.

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In May of 2013, Barack Obama put out a tweet that said:

Ninety-seven percent of scientists agree: climate change is real, man-made and dangerous.

This claim is often repeated by environmentalists and the Left, and is most definitely false. Alex Epstein, writing for Forbes, destroyed this claim in his article, “‘97% Of Climate Scientists Agree’ Is 100% Wrong”.

From Epstein’s article:

One of the main papers behind the 97 percent claim is authored by John Cook, who runs the popular website SkepticalScience.com, a virtual encyclopedia of arguments trying to defend predictions of catastrophic climate change from all challenges.

Here is Cook’s summary of his paper: “Cook et al. (2013) found that over 97 percent [of papers he surveyed] endorsed the view that the Earth is warming up and human emissions of greenhouse gases are the main cause.”

This is a fairly clear statement—97 percent of the papers surveyed endorsed the view that man-made greenhouse gases were the main cause—main in common usage meaning more than 50 percent.

But even a quick scan of the paper reveals that this is not the case. Cook is able to demonstrate only that a relative handful endorse “the view that the Earth is warming up and human emissions of greenhouse gases are the main cause.” Cook calls this “explicit endorsement with quantification” (quantification meaning 50 percent or more). The problem is, only a small percentage of the papers fall into this category; Cook does not say what percentage, but when the study was publicly challenged by economist David Friedman, one observer calculated that only 1.6 percent explicitly stated that man-made greenhouse gases caused at least 50 percent of global warming.

Where did most of the 97 percent come from, then? Cook had created a category called “explicit endorsement without quantification”—that is, papers in which the author, by Cook’s admission, did not say whether 1 percent or 50 percent or 100 percent of the warming was caused by man. He had also created a category called “implicit endorsement,” for papers that imply (but don’t say) that there is some man-made global warming and don’t quantify it. In other words, he created two categories that he labeled as endorsing a view that they most certainly didn’t.

As Alex Epstein details, some of the scientists whose papers were mischaracterized by this paper objected to the misrepresentation. There is more to Epstein’s article that is worth reading, so I definitely recommend reading the whole thing when you have time.

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